البعد التمثيلي لمجلس الأمة و دوره في الإستقرار المؤسساتي

Abstract

The parliament second chamber aims originally at complementing the representativity of the first chamber so as to compose the social diversity of the political scene, but her role extends to her prospective interest. The dual parliament has evolved by the end of the 20th century from a “trust crisis” towards a “renewal crisis”. The parliamentary duality is originating from the mixed government theory but the controversy arose about the efficiency and compatibility with the elected chamber. Nevertheless there appeared that the second chamber achieved balance by its nature as a compound organizational system of a twofold effect, which consolidates the belief about the reasons behind the institution of the “national council”. It is quite clear that this chamber finds its ideal roots within the political system that prevailed prior to the 1991 plural elections that were followed by a period of unrest , political and institutional instability which unveiled an acute crisis of political representativity and limitations of the national constitution by failing to organize the potential of system changes on a permanent basis; The prevailing representative status affected seriously both the political and institutional situations. This confirms that the occasional issues implied the institutional management of political conflicts in order to upkeep the civil peace and stability. Consequently, any approach to fully understand the representativity crisis and institutional stability will help for a better appraisal of these issues and by questioning about the suitability of the representativity of the national council, taking into consideration the heterogeneous nature of the system social background and the ability of the council to ensure the political and institutional stability, so as to safeguard the warranty and long term expectations. The principal mission of dual parliament chambers in Algeria is to monitor and deal with political conflicts which a direct influence on its representativity and by the way achieve a large balance and stability of institutions. Through its long process of institutional development, the Algerian state sought for institutions to meet the economic, social and cultural progress. The adoption of a dual parliament is concrete examples of such action, taking into account the peculiarities and specificities of the Algerian society. But in fact, the national council is quite different from the traditional parliament second chamber though it is similar in aspects and functions; the representativity of the regional entities within the national council cannot for example be compared with the federal representation, since it represents the whole unite nation so as not to influence its institutional status. The specific nature of the council has a positive effect on the regional perenity of the country since it contributes positively to its protection. The typical nature of the national dual parliament system is not restricted solely to this objective since it also warrants the perenity of the state through the preservation of peace among a complex and varied social tissue by avoiding violence aspects and actions to settle political disputes. The variety of rules that regulate the composition of the national council was tailored so as to produce a political community backing the president in favor of the achievement of political stability. It is undoubtedly clear that the achievement of unanimity was the key element leading towards the institutionalization of the national council and aiming at reaching the social peace by encouraging the dialogue and compromise. The contribution of the national council in the political act appears to be the outcome of a dialectical process; the council has in fact a predominant role in settling political disputes and contributing to create balance between conflicting institutions. Notwithstanding the fact that it has no direct authority over the government, the council joint intervention with the parliament as regards its responsibility, can influence positively the balance of forces in favor of the president; otherwise the council means of action out of this scope are rather ineffective and vain.